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CHARLESTON MEMORIAL HOSP. v. CONRAD

No. 82-1351.

693 F.2d 324 (1982)

CHARLESTON MEMORIAL HOSPITAL, South Carolina Hospital Association, Abbeville County Memorial Hospital, Aiken Community Hospital, Allendale County Hospital, Anderson Memorial Hospital, Bailey Memorial Hospital, Baker Hospital, Bamberg County Hospital, Beaufort County Memorial Hospital, Byerly Hospital, Chesterfield General Hospital, Clarendon Memorial Hospital, Colleton Regional Hospital, Conway Hospital, Inc., Darlington Hospital, Edgefield County Hospital, Georgetown County Memorial Hospital, Grand Strand General Hospital, Greenville Hospital System, Jasper County General Hospital, Laurens District Hospital, Lee County Memorial Hospital, Lexington County Hospital, Loris Community Hospital, Lower Florence County Hospital, McLeod Regional Medical Center, Marion County Memorial Hospital, Mullins Hospital, North Trident Regional Hospital, Oconee Memorial Hospital, Providence Hospital, Richland Memorial Hospital, St. Eugene Community Hospital, Self Memorial Hospital, Spartanburg General Hospital, Williamsburg County Memorial Hospital, Wilson Clinic and Hospital, York General Hospital, Kaney Bookert and Rosa Brunson, Appellants, v. Virgil L. CONRAD, Commissioner of Social Services; John C. Williams, Jr., in his official capacity as Chairman, and the South Carolina Board of Social Services; Richard S. Schweiker, in his official capacity as Secretary of Health and Human Services, United States Department of Health and Human Services, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 11, 1982.

Rehearing and Rehearing Denied January 24, 1983.

Attorney(s) appearing for the Case

Margaret M. Hathaway, Philadelphia, Pa. (Leonard C. Homer, Ober, Grimes & Shriver, Baltimore, Md., on brief), for appellants.

Steven J. Edelstein, Asst. Regional Atty., Atlanta, Ga. (Carl H. Harper, Regional Atty., Dept. of Health and Human Services, Atlanta, Ga., on brief), for federal appellee.

David C. Eckstrom, Asst. Atty. Gen., Columbia, S.C. (Daniel R. McLeod, Atty. Gen., C. Tolbert Goolsby, Jr., Deputy Atty. Gen., Vance J. Bettis, Asst. Atty. Gen., Reddick A. Bowman, Jr., Asst. Gen. Counsel, Columbia, S.C., on brief), for appellees.

Before WINTER, Chief Judge, and PHILLIPS and ERVIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 24, 1983.

ERVIN, Circuit Judge:

The South Carolina Hospital Association, 39 individual providers of hospital services participating in the South Carolina Medical Assistance Program, and two South Carolina residents ("appellants") brought this action seeking declaratory and injunctive relief against the South Carolina Department of Social Services ("DSS") and the United States Secretary of Health and Human Services...

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